Virginia: Do I Have to Post a Bond to Serve as Administrator When There’s No Will?
Do I Have to Post a Bond to Serve as Administrator in Virginia When There’s No Will? Short answer: Under Virginia law, courts generally require a bond for a personal representative (administrator) unless the court permits a waiver. Heirs or other interested parties can agree to a waiver, and the court may accept that waiver […]
Read article →Selling an Estate House in Virginia Facing Foreclosure When a Co-Administrator Refuses to Sign
Disclaimer: I am not a lawyer. This article explains general Virginia probate and foreclosure processes to help you understand options and next steps. It is not legal advice. Consult a Virginia probate or real estate attorney for advice about your specific situation. Quick summary If an estate-owned house in Virginia faces foreclosure and a co-administrator […]
Read article →How to Get Court Approval to Release Estate Funds in Virginia
Getting Court Approval to Release Estate Funds When Beneficiaries Disagree — A Virginia Guide Short answer If beneficiaries dispute how estate funds should be split, the personal representative (executor/administrator) cannot simply distribute the contested money. In Virginia the usual options are: (1) seek a court order approving an interim distribution or instructions; (2) file an […]
Read article →How to File Your Dad’s Will in Virginia When a Relative Refuses to Produce the Original
Detailed Answer Short answer: In Virginia you can often get a will filed even if a relative refuses to give you the original. The main options are (1) ask the circuit court to compel production (subpoena/turnover) or hold the holder in contempt, (2) offer proof and ask the court to admit a copy or prove […]
Read article →Virginia: What Happens to Leftover Money After a Parent's Home Is Sold?
Detailed Answer Short answer: If the house is part of your dad’s probate estate, any net money left after the house is sold and all valid debts, liens, taxes, and administration costs are paid becomes estate property and will be distributed according to your dad’s will (subject to statutory allowances and creditor claims). If the […]
Read article →Virginia — Reimbursing Yourself from an Estate for Payments Toward a Decedent’s Vehicle Lien
Detailed Answer — How reimbursement from an estate for payments toward a decedent’s vehicle lien typically works in Virginia Short answer: You can often be reimbursed out of the decedent’s estate for money you personally paid to protect or preserve a vehicle that belonged to the decedent, but reimbursement depends on whether the payment is […]
Read article →Virginia — How Estate Funds Are Distributed to Children After Taxes, Claims, and Expenses
Detailed Answer — How the Personal Representative Distributes Remaining Estate Funds to the Decedent’s Children in Virginia Disclaimer: This is general information and not legal advice. Laws vary by situation. Consult a Virginia probate attorney for guidance specific to your case. When a decedent’s debts, taxes, and administration expenses are paid, the personal representative (also […]
Read article →Virginia: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate?
Do I have to post a bond to administer my mother’s intestate estate in Virginia? Short answer Yes — when a court appoints an administrator for an intestate (no-will) estate in Virginia, the court normally requires a fiduciary bond (a surety) to protect estate creditors and heirs. However, that bond requirement can sometimes be reduced […]
Read article →Virginia: What Factors Courts Consider When Appointing an Estate Administrator
Detailed Answer Disclaimer: This is general information, not legal advice. Consult a Virginia probate attorney for guidance on a specific estate. When a Virginia circuit court appoints a person to administer a decedent’s estate, the court evaluates legal priority, the decedent’s wishes (if any), and the fitness of proposed candidates. The relevant law governing wills, […]
Read article →Virginia: Including Mortgage, Property Taxes, and Carrying Costs When Dividing Home Sale Proceeds
Understanding Reimbursement for Carrying Costs Under Virginia Law Short answer: Under Virginia law, you may be entitled to a credit or reimbursement for certain carrying costs (like mortgage principal payments, property taxes, insurance, and repairs) before sale proceeds are divided — but whether and how much depends on whether the property is marital or separate, […]
Read article →